You have the right to protect yourself from physical harm. If someone attacks you, you can act in self-defense without being liable for a crime. But this legal protection applies only so long as your actions were reasonable, necessary, and proportionate to the attack. What, exactly, does this mean?
This article will take a look at the basics of self-defense laws, including their elements and limitations and the issue of using deadly force. While much of the law on self-defense is similar throughout the country, the precise circumstances in which you may legally use force, and the amount of force you may legally use, vary somewhat from place to place. Consult a criminal defense attorney if you have specific questions.
Self-Defense Laws
Every state has self-defense laws. These laws justify one's use of necessary and reasonable force to defend against an imminent threat of harm. If the person injures their attacker in the process of protecting oneself, they can claim self-defense to avoid criminal liability.
A claim of self-defense might occur when a defendant has been charged with murder, attempted murder, or assault and battery. The defendant generally admits they harmed or killed someone but only to prevent their own harm or death. If the defendant successfully proves their self-defense claim, the jury must acquit the defendant of the charges.
Elements of a Self-Defense Claim
To claim self-defense, a defendant must establish the following:
- the defendant wasn’t the aggressor
- the defendant reasonably believed force was necessary for self-protection against imminent and illegal violence, and
- the defendant used a proportional amount of force in relation to the attack.
In some states, a defendant must also prove there was no duty to retreat.
Non-Aggressor
As a general rule, the person claiming self-defense cannot be the aggressor. But, the status of who’s the “aggressor” can change during a conflict. We tend to think the aggressor is the one who started the fight. While that may often be true, it's not always the case.
Some states allow the initial aggressor to claim self-defense if:
- they back down from the conflict and make this fact known to the victim, or
- the victim responds to the conflict with more force than is necessary.
The ultimate factor is who was the aggressor at the time of the claimed defense.
Use of Force Was Necessary
Self-defense doesn’t allow people to use force simply because they think it’s justified. Rather, it allows them to use it when it’s necessary to combat imminent harm. This means the threat of harm must typically be happening or about to happen. So, if Vic yells at Dom, “I’m going to come back here and beat you up some day,” Dom can’t punch him in the face.
Amount of Force Was Proportional
To act in self-defense, force must not only be necessary—the amount of force must be appropriate in light of the attack. You couldn’t, for example, use deadly force to stop a non-deadly attack. Suppose Valerie aims to slap Darcy; Darcy can’t retrieve a revolver from her waistband and shoot Valerie.
Reasonable Belief That Force Was Necessary
The self-defense doctrine applies when you reasonably believe that the force you use is necessary. If you believe that you need to kill someone, but a reasonable person in the same situation wouldn’t have believed as much, self-defense doesn’t apply. On the other hand, if you reasonably believed that your force was necessary for self-preservation, you have a self-defense claim even if you were mistaken.
Suppose Victoria, minding her own business, sees Danny point what she perceives to be a gun at her. In reality, it’s a water pistol. Not knowing that it's a water gun, and there being nowhere she can safely retreat, she grabs her own gun and fires at Danny. If a jury determines that the water pistol looked like a real firearm and that Victoria’s mistaken belief was reasonable, she’s entitled to an acquittal.
Can a Person Use Deadly Force in Self-Defense?
A common question that arises in self-defense claims is if or when deadly force or a deadly weapon may be used. Another frequent question is whether someone can kill in self-defense.
Most states permit the use of deadly force only when necessary to prevent an imminent threat of serious injury or death, but not when the use of non-deadly force would be enough to stop the attack. Let's review.
What Is Deadly Force? Can You Defend Yourself With a Weapon?
Even without a definition of the term, you pretty much know that one person’s shooting another in the head constitutes “deadly force.” But the deadly-force concept actually has some nuances.
Defining deadly force. For one, states define “deadly force” differently. Some focus on the defendant’s intent, while others look to the likelihood the defendant’s actions will cause harm or death. Some states look to both factors. Generally speaking, a defendant uses “deadly force” when:
- the defendant acted with the intent of causing death or serious bodily harm, or
- the defendant knew their actions created a substantial likelihood of death or serious bodily harm.
Deadly weapon. Also, the use of a deadly weapon doesn’t necessarily equate to the use of deadly force. Someone could brandish a gun in the hopes of stopping an attack but not actually pull the trigger. The opposite can also be true. A steel-toed boot isn’t a deadly weapon by definition, but it can be used with deadly force by kicking someone repeatedly in the head.
The key factor relates to the use of deadly force and not the chosen weapon.
What Is a Threat of Serious Bodily Harm or Death?
To justify the use of deadly force, the person must reasonably believe that attacker is about to inflict a similar harm. Depending on the state, this may mean:
- the attacker is using or about to use deadly force
- the attacker is using or about to use force likely to result in serious bodily injuries (such as injuries that could lead to death, require surgery, or cause a serious impairment), or
- the attacker is committing or attempting to commit a violent felony, such as murder, burglary, kidnapping, rape, robbery, or assault with a deadly weapon.
Would Non-Deadly Force Stop the Attack?
If a person can stop a deadly attack with less than deadly force, the person won't be justified in killing the attacker. For instance, if little Vance raises a crowbar as if to strike hulking Darron on the head, and Darron knows or should know that he can stop Vance without killing him, he can’t kill Vance in self-defense.
Is There a Duty to Retreat? Or Can You Stand Your Ground?
Another consideration is the duty to retreat. In some states, but not all, you may not use deadly force against an aggressor if you know that you can safely retreat. Other states allow a person to “stand their ground” under the belief that people who’ve done nothing wrong shouldn’t have to run in fear of their attackers.
Deciding Issues of Self-Defense
When the issue of self-defense is raised at trial, it’s usually up to the jury to decide if the defendant’s acts were justified under the law. The jury will receive instructions outlining all the elements that must be established to successfully claim the defense.
Talk to a Lawyer
If you're facing criminal charges for protecting yourself from harm, talk to a criminal defense attorney about the possibility of raising and succeeding on a claim of self-defense. Your attorney can help you understand the laws in your state and how to best prepare your defense.